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{
    "id": 472199,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/472199/?format=api",
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    "content": "preferences for young people, for persons with disabilities and even for women, have been adhered to as is required by law. It also includes as an additional function to this authority that the authority must provide disaggregated data of beneficiaries of Government tenders. They must, first of all, track compliance and also say that within these three or four months, because it is quarterly, these are the beneficiaries under the category of persons with disabilities for each Government agency at the national level and also for each county government across the country. So, it is a way of monitoring progress on implementation. Mr. Deputy Speaker, Sir, since I do not intend to speak for too long, the other issue is the amendment to Section 39 of the principal Act. This is the main thrust of this Amendment Bill. The Bill introduces a new sub-section 9 to Section 39 of the principal Act to provide that at least 30 per cent of the procurement value in each procuring entity is allocated to youth, persons with disability and women. This is the engine of this Bill. The key word in this section is “at least.” In other words, nothing prevents a procuring entity from actually surpassing the 30 per cent benchmark. I hope that through the Section 9 vehicle which is provided there to monitor progress, we will be happy to see which procuring entities at the national level and at the county levels are going over and above the minimum requirement of 30 per cent. I believe those are the procuring entities that should be emulated as we seek to bring equity among men and women; to bring equity among older people and young people in our country in terms of business opportunities. Mr. Deputy Speaker, Sir, a new sub-Section 10 is also introduced to amend Section 39 to provide that each procuring entity must ensure that any money paid out to an enterprise owned by young people or persons with disabilities or by women is paid to an account where the mandatory signatory is a youth, a woman or a person with disability. Just to do away with the mischief, that some people can take advantage of women, youth and persons with disabilities, help them to form companies and then the beneficiaries will be different people. So, the requirement here is that if, for example, a certain Ministry in the national Government or a certain department of a county government is procuring, it is not enough that you show that this company is owned by either youth, persons with disability or women; that is not enough. When the money is being paid, the procuring entity is under obligation to make sure that the account where that money is being paid is an account where the mandatory signatory is one of those designated groups depending on the category in question; either a young person, a person with disability or a woman. Mr. Deputy Speaker, Sir, sub-Section 11, which is new, provides that each procuring entity at the national and county level must make quarterly reports to the PPOA to say these are the tenders we advertised. These are the tenders we awarded and this is how we have met the at least 30 per cent criteria for each category. As I have said, we look forward to counties and even national Government departments going even over and above the 30 per cent minimum requirement. These reports will go to the PPOA from the procuring entity. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}